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Non Payment Help

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    Non Payment Help

    Any advice would be appreciated.

    I received an email from my manager at client co two and a half weeks before the end of my contract saying my contract was not going to be renewed and could I please be out of the office by the end of the week and I would be paid up to the end of my contract. This is not unusual were I work with a lot of people being asked to leave the same day they are told they are not needed and then being paid their notice.

    At the end of the week I submitted my timesheet for that week and my timesheets for next two weeks which took me up to the end of my contract. These were approved via email as usual happens by my manager and forwarded onto my agency.

    I got paid for the last week I worked at the company but I have not been paid for the two weeks after I left. I phoned up my agency last week to ask were the money was and they said they had just been told that my contract was not not renewed but that I was terminated immediately for gross misconduct. He then proceeded to read out the email that had been sent to them by client co which contained a mixture of half truths and out right lies. Some of the lies are around the fact that other departments were unhappy with my work however I had really good relationships with the senior people in these departments and I know that if HR spoke to them they would only have good things to say to me.

    The agency is saying there is no way they are going to pay me unless they receive the money from client co first even though they have the approved timesheet. I have copies of the emails which say my contract was being renewed and I would be paid for the two weeks till then end of my contract. I also have a copy of the email approving my timesheet.

    So what are my options? Is this something I can sort out myself in which case any suggestions on how to do it would be appreciated or do I need to get a lawyer involved.

    Thanks

    #2
    Walk away. Sh*t happens, you're a contractor. You'll spend more money not recovering the money than you'll get back.

    Also, consider the effect on an IR35 defence if you insist on being paid for work you haven't done; as in, you won't have one.
    Blog? What blog...?

    Comment


      #3
      Originally posted by davetza View Post
      So what are my options? Is this something I can sort out myself in which case any suggestions on how to do it would be appreciated or do I need to get a lawyer involved.
      Can you prove the timesheet was approved?

      Most timesheets carry the wording "I agree that the work was done to a good standard and that we will pay etc".

      Why I always get hard copies. So if they refuse to pay I have a signed acceptance that they thought the work was good.

      Comment


        #4
        Send a reminder for payment. You have timesheet approval and other email documentation to backup your claim for payment. It's even possible that the agent has kept your money so try contract manager of client to ask if payment has or will be made.

        Follow late payment procedures as necessary and prepare to make claim in small claim court if amount under £5K. Don't let them get away with it. It happened to me before and I got my money after a few months. Just be polite, patient, persistant and professional.

        Comment


          #5
          A final reminder followed by a Letter Before Action from a solicitor should do the trick. Small claims court after that.

          QB.

          Comment


            #6
            Is it possible that the agency are lying and that the client has made no complaint?

            That way they get to keep all of the money the client pays for the two weeks notice.

            Starting dunning procedures for all unpaid invoices immediately, and follow the process on www.payontime.co.uk
            Down with racism. Long live miscegenation!

            Comment


              #7
              Is it possible that the agency are lying and that the client has made no complaint?

              That way they get to keep all of the money the client pays for the two weeks notice.

              Starting dunning procedures for all unpaid invoices immediately, and follow the process on www.payontime.co.uk
              dead right - used to work in recruitment common practice that they try this on - they just cannot seem to understand that it is not their money!

              ask to be forwarded a copy of the e-mail the client allegedly sent for proof they are not lying - bet you a tenner you never get it.

              Comment


                #8
                You mean like this one http://forums.contractoruk.com/busin...fect-help.html they would claim
                they are 'protecting the interests of the client',
                Down with racism. Long live miscegenation!

                Comment

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